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B-179253 1 (1973-10-04)

handle is hein.gao/gaobaacya0001 and id is 1 raw text is: 
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              COMP4TRO&-LZR GfI:RAL OF TIM UNITED STATES
                        W*JIINQTON ,10,ZV4

           B-o-179453                          Otober 4, 1973





 The Honorable Arthur r. Sampson
 Administrator, GeneralS ervices
 Adinistration

 Duar Mr. Sapsont

     Iis Is in reply to the July 30, 1973; letter from the General,
Counsel, furnishing a report on the protest filed by Arndt and Day
on behalf of Beelner and Thomas Furniture FMantfacturero aainst the
award of a contract to ischcr Chair Manufactaring, Incrporated
(Fischer), under Invitation for Bids (IYE) FP' H-143-61072-A-5-25-73,
issued by the Federal Supply Service, Washingtoii, D, C.

     The solicitation was for quantitins of unhnlstered living room
furniture.  Item 1 cal.ed for 11o1 davenports and Item 2 called for
3,951 chairs, 4ll to be delivered within 120 days aftor approval of
preproduction samplos. The 1M provided that Award will be made
in the a''egate by group and that prices must be uubmitted for
each item within the e roup,' An a-nendment to the solicitation de-
fined g'oup au items 1I and 2 inclusive, . The amend'aent also
changed th' time of delivery clause to reqjuLre specified quantities
of Item I and Item 2 to be delivered within 90 days and additional.
quantitias of bobh iteis to be delivered within 120, 150, and 180
days following approvul of preproductiona satples.

     At bid opening on May 29, 1973, it was Cermined that Fischer
submitted the lowest aireg.te bid but had neither returned for
ocknowledced the anendp~ent. The contracting oNficcr, rcavonin
that Fischer'a fuilure to actmowlcdge the arandrent rendered its bid
nonresponsive only to the 90 dayr. dolivery rcqtirement, nwarded a
contract to Fischer for the quanities of Iterns 1 and 2 to be
delivered within 120, 150, and 180 days, and amnrded a contlract to
loeelner and Thomas for the quantities of Items land 2 to be de-
livered within 90 daya. It is reported that aftra, bid opening the
requirenent for the Itemn 2 chairs was decreased by 1,200 and that
this decrease dus evenly apportioned among : the i 'delivery incre-
mente, no that Fischer received an award for 301 davenports and


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